Sent you a PM.
Short answer: You qualify, she doesn't.
Long answer:
(1) I am assuming that you are both bona fide residents of Maryland. This is clear and unambigious for you under the Soldiers and Sailors Civil Relief Act so long as you have taken no actions which might compromise your MD residency. It is less so for your wife, as the Military Spouse's Residency Relief Act recently passed by Congress provides protections which are less robust to spouses. You may want to consult with the JAG about your wife's exact status, but the answers I have heard are that spouses can arguably retain a different domicile for most purposes if they are careful to avoid taking any action which would negate their previous state of residency.
(2) You can get a permit because SC will grant you "resident" status based on your AD military service and PCS orders to SC. Again, consult with the JAG, but such an action should NOT void your Maryland residency if it is extended solely based on your AD status. This is basically the same as states which extend resident prices on hunting licenses to AD military; you can take advantage of them without voiding your old state of residency.
(3) Your wife cannot get a resident permit. The SC statute extends pseudo-resident status to AD military only. Even if she could get a Maryland Permit (have you donated enough to the local law enforcement's annual ball?), SC does not recognize MD's permits.
She has a few options:
- QUALIFIED NON-RESIDENT: If you own real property in SC then she can be a "qualified non-resident." So you could buy a small share of, say, some cheap unimproved hunting land then use that to qualify. Consult with JAG regarding any residency implications; sometimes states will look at real estate ownership in another state as an indicator that you have sacrificed your original residency.
- SC RESIDENCY: Your wife can declare SC residency. Thus she would get a new driver's license, library card, voter registration, car registration (if the cars are titled in her name, which I would suggest against in this case), and declare her undying love and affection for the grand old Palmetto State (well, maybe just declare her desire to remain indefinitely in SC and make a home in SC). Then she is a SC resident for all purposes, including CWP issue... But also including state income tax. She would also lose her MD residency if that is important to you (maybe for, say, paying in-state tuition at school there).
- NO PERMIT: She can carry without a permit under very limited conditions under the provisions of Section 16-23-20. In general, it is unlawful to carry a handgun in SC. There are a few permissible exceptions. The most applicable will be on your own property, in the car (if carried in the console, glove box, or trunk/luggage compartment), and while actively engaged in hunting or fishing. She may be allowed to carry at work with the employer's permission (I believe SC actually makes it a crime to carry at work without the boss' approval, which seems like unnecessary meddling into a private employment situation myself).
- CARRY NON-HANDGUN: She can carry a non-concealable weapon which is not a handgun. A "concealable weapon" is defined as:
?Concealable weapon? means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self defense, defense of others, and the protection of real or personal property.
If you choose to go down the open long gun carry route I'd be sure to understand the laws to a "T" and carry a recording device. I expect local law enforcement to rapidly give you some attention in such a scenario. It may also be possible to conceal a shorter carbine or take down in something like a backpack, shoulder bag, or musical instrument case. I don't know about the legality of carrying a short barreled rifle/shotgun (assuming you go through the NFA hoops) but that'd probably be easier; might be worth some research. Once you pony up for a SBR and go through the NFA hoops I imagine there are a lot of options. Be careful; there's a lot of ways to commit felonies with non-standard AR configurations and SBRs.
- TYPO/EXPLOIT: There is a typo/exploit in the law. If you look carefully at Section 23-31-215 paragraph C, it states "If an applicant is unable to comply with the provisions of Section 23-31-210(4), SLED shall offer the applicant a handgun training course that satisfies the requirements of Section 23-31-210(4)(a)." At first glance this appears to be the mandatory training requirement, as that is what section 210(4)(a) refers to. However, Section 23-31-210(4) is actually the proof of residency requirement. So, a strict reading of the law says that if you cannot comply with the Proof of Residency requirement then SLED is required to provide an appropriate substitute training course. Obviously this is nonsensical and is probably a typo but you may be able to use it.
- SUBMIT CWP APPLICATION AND SEE WHAT HAPPENS: She can submit a CWP application, leave the resident box blank or check the "no" container and attach a cover letting explaining the circumstances. See what SLED does. They may mistakenly issue a permission slip to her. I would NOT suggest falsifying anything as that is likely a crime.
- ESTABLISH RESIDENCY IN A STATE THAT SC HAS RECIPROCITY WITH: If your wife can somehow establish residency in another state like Florida from which SC will honor her permit then she could get a resident permit from that state and theoretically carry.
I personally feel that SC's position on non-resident permits in general, and in particular with regard to military spouses, is absurd. Those who have lived elsewhere in America (so I rule out a few states on both coasts plus ILL) realize that most other states honor non-resident permits with reciprocity and/or allow unlicensed open carry. SC has excellent castle doctrine, fair self-defense laws, and moderately strong preemption of local ordnances but otherwise the carry laws are marginal to poor. I'll let you guess the reasons why that might be; thinking about the history of the Deep South and concerns about letting "just anyone" carry a firearm might give you some ideas.
